Florida Statute 222.30 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XV
HOMESTEAD AND EXEMPTIONS

Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS

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F.S. 222.30

222.30 Fraudulent asset conversions.—

(1) As used in this section, “conversion” means every mode, direct or indirect, absolute or conditional, of changing or disposing of an asset, such that the products or proceeds of the asset become immune or exempt by law from claims of creditors of the debtor and the products or proceeds of the asset remain property of the debtor. The definitions of chapter 726 apply to this section unless the application of a definition would be unreasonable.

(2) Any conversion by a debtor of an asset that results in the proceeds of the asset becoming exempt by law from the claims of a creditor of the debtor is a fraudulent asset conversion as to the creditor, whether the creditor’s claim to the asset arose before or after the conversion of the asset, if the debtor made the conversion with the intent to hinder, delay, or defraud the creditor.

(3) In an action for relief against a fraudulent asset conversion, a creditor may obtain:

(a) Avoidance of the fraudulent asset conversion to the extent necessary to satisfy the creditor’s claim.

(b) An attachment or other provisional remedy against the asset converted in accordance with applicable law.

1. An injunction against further conversion by the debtor of the asset or of other property.

2. Any other relief the circumstances may require.

(4) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset converted or its proceeds.

(5) A cause of action with respect to a fraudulent asset conversion is extinguished unless an action is brought within 4 years after the fraudulent asset conversion was made.

(6) If an asset is converted and the converted asset is subsequently transferred to a third party, the provisions of chapter 726 apply to the transfer to the third party.

History.—s. 5, ch. 93-256.

F.S. 222.30 on Google Scholar

F.S. 222.30 on Casetext

Amendments to 222.30

Arrestable Offenses / Crimes under Fla. Stat. 222.30

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 222.30.

Annotations, Discussions, Cases:

Cases Citing Statute 222.30

Total Results: 9

Spector v. Spector

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-24T00:00:00-07:00

Citation: 226 So. 3d 256, 2017 WL 2264636, 2017 Fla. App. LEXIS 7547

Snippet: as provided in chapter 726. Similarly, section 222.30, Florida Statutes (2015), removes property from

Randazzo v. Randazzo

Court: Fla. Dist. Ct. App. | Date Filed: 2008-04-30T00:53:00-07:00

Citation: 980 So. 2d 1210

Snippet: violation of Fla. Stat. § 726.105 or Fla. §§ 222.29 and 222.30? In answering the certified question, and after

DeMayo v. Chames

Court: Fla. Dist. Ct. App. | Date Filed: 2006-06-14T00:00:00-07:00

Citation: 934 So. 2d 548

Snippet: defrauding creditors in violation of section 222.29, 222.30, or 726.105 of the Florida Statutes, noting that

BankFirst v. UBS Paine Webber, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-02-13T23:53:00-08:00

Citation: 842 So. 2d 155

Snippet: affirmed based on our conclusion that neither section 222.30 nor chapter 726, Florida Statutes, creates a cause

Havoco of America, Ltd. v. Hill

Court: Fla. | Date Filed: 2001-06-21T00:53:00-07:00

Citation: 790 So. 2d 1018

Snippet: chapter 726. Section 222.30, Florida Statutes (2000), provides in pertinent part: 222.30 Fraudulent asset …Fla. Stat. § 726.105 or Fla. Stat. §§ 222.29 and 222.30? Havoco of America, Ltd. v. Hill, 197 F.3d 1135… APPLICABILITY OF SECTIONS 726.105, 222.29, AND 222.30 TO THE HOMESTEAD EXEMPTION Section 726.105, Florida…reach the same conclusion as to sections 222.29 and 222.30.[13] *1030 CONCLUSION Accordingly, we answer … courts have concluded that sections 222.29 and 222.30 cannot expand or limit the scope of the exceptions

Yusem v. SO. FLA. WATER MANAGEMENT DIST.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-11-07T23:53:00-08:00

Citation: 770 So. 2d 746

Snippet: fraudulent asset conversion in violation of section 222.30, Florida Statutes (1997), and Chapter 726, Florida

Morse v. KOHL, METZGER, SPOTTS, PA

Court: Fla. Dist. Ct. App. | Date Filed: 1999-02-02T23:53:00-08:00

Citation: 725 So. 2d 436

Snippet: fraudulent transfer of his trust funds under § 222.30, Florida Statutes, as this issue has yet to be

Mori v. MATSUSHITA ELEC. CORP., ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1980-01-28T23:53:00-08:00

Citation: 380 So. 2d 461

Snippet: contract, the trial court included the sum of $222,030.70 which it found to be the additional costs Mori…the court deducted from his damages the sum of $222,030.70 for the cost of the extraordinary outlay that…anticipated profits under the contract by the full $222,030.70. Mori also asserts that there was insufficient…overrun allocable to the contract, i.e., 40% of the $222,030.70 overrun instead of the entire amount. Affirmed

Florida East Coast Railway Co. v. Smith

Court: Fla. | Date Filed: 1911-01-15T00:00:00-08:00

Citation: 61 Fla. 218

Snippet: Murphy v. Chicago & N. W. R’y Co., 45 Wis., 222, 30 Am. Rep., 721; Yneistra v. L. & N. R. R. Co